Voice of the Free Press: Close electronic loophole to open meetings

Feb. 19, 2014

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Free Press Editorial Page Editor

Vermont lawmakers are grappling with a critical issue examining the impact of digital technology on open meeting laws.

The ability to communicate via email, text messaging, social media and other electronic means opens a crack through which public officials can improperly slip discussions behind closed doors.

The message must be clear. The state’s open meetings law must apply to any gathering by a quorum of members of a public board to discuss official business.

The message must be explicit. Too many public officials seem to have a difficult time grasping the concept of open government even before venturing into the cybersphere.

The convenience of technology such as email and texting to distribute information and solicit opinion among board members can too easily become a de facto meeting that should be held before the public.

The idea behind Vermont’s open meeting law is to make sure public bodies — local and state — conduct their business before the people they serve.

The law allows officials to exclude the public for a few, very specific reasons including discussions about real estate transactions, personnel matters and legal action.

While officials may talk behind closed doors, as permitted in certain circumstances, any vote must be made in an open meeting before the public.

The classic example of a closed meeting is when the members of a selectboard take a vote at a public meeting to go into executive session. An executive session calls for board members to state a reason and take a public vote.

A violation of the law would look like members of a city council getting together — perhaps informally, but enough to form a quorum — at someone’s house or even the local coffee shop to discuss city business.

Electronic communications expand the opportunity to conduct what amounts to meetings by public boards without proper notice or public access.

A proforma public vote confirming what has already been agreed upon beforehand via email fails to live up to the spirit of open meetings.

The task before lawmakers is rather simple: Keep digital communications from becoming a haven where public boards can meet in secret.

The laws that ensure open government must keep up with the technology.